DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 265-00
18 September 2000
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
Your allegations of error and
application on 7 September 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 25 June
1940 at age 18.
The
court and were convicted by a summary court-martial.
offenses included unauthorized absences totalling five days.
A second summary court-martial convened on 24 November 1941 and
The
found you guilty of an unauthorized absence of nine days.
court sentenced you to forfeitures of $15 per month for six
months and a bad conduct discharge.
bad conduct discharge was suspended.
A general court-martial convened on 26 February 1942 and found
you guilty of dereliction of duty by lying down in a truck while
on watch.
years, forfeiture of all pay and allowances, and a dishonorable
discharge.
the discharge to a bad conduct discharge.
conduct discharge on 30 November 1942.
The court sentenced you to confinement for three
On 9 October 1942 the Secretary of the Navy
The record reflects that you received a deck
However, it appears that the
You received the bad
mitig,ated
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of the wartime offense of which you were
convicted by a general court-martial.
The Board also noted that
you were initially sentenced to a bad conduct discharge that was
suspended, thus giving you an opportunity to earn a better
However, you continued to commit offenses, which
discharge.
resulted in a general court-martial from which you eventually
received a bad-conduct discharge.
Board concluded that no change to the discharge is warranted.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Based on the-foregoing, the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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